Article 28 - Exceptions

(1) The provisions of this Law shall not be applied in the following cases where:

  • a) personal data is processed by natural persons within the scope of purely personal activities of the data subject or of family members living together with him in the same dwelling provided that it is not to be disclosed to third parties and the obligations about data security is to be complied with.
  • b) personal data is processed for the purpose of official statistics and for research, planning and statistical purposes after having been anonymized.
  • (c) personal data is processed with artistic, historical, literary or scientific purposes, or within the scope of freedom of expression provided that national defence, national security, public security, public order, economic security, right to privacy or personal rights are not violated or they are processed so as not to constitute a crime.
  • (ç) personal data is processed within the scope of preventive, protective and intelligence activities carried out by public institutions and organizations duly authorised and assigned to maintain national defence, national security, public security, public order or economic security.
  • (d) personal data is processed by judicial authorities or execution authorities with regard to investigation, prosecution, criminal proceedings or execution proceedings.

(2) Provided that it is in compliance with and proportionate to the purpose and fundamental principles of this Law, Article 10 regarding the data controller's obligation to inform, Article 11 regarding the rights of the data subject, excluding the right to demand compensation, and Article 16 regarding the requirement of enrolling in the Registry of Data Controllers shall not be applied in the following cases where personal data processing:

  • a) is required for the prevention of a crime or crime investigation.
  • b) is carried out on the data which is made public by the data subject himself.
  • c) is required for inspection or regulatory duties and disciplinary investigation and prosecution to be carried out by the public institutions and organizations and by professional associations having the status of public institution, assigned and authorised for such actions, in accordance with the power conferred on them by the law,
  • ç) is required for protection of State’s economic and financial interests with regard to budgetary, tax-related and financial issues.
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